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All Journal Ahkam: Jurnal Ilmu Syariah Al-'Adalah Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Intelektualita: Keislaman, Sosial, dan Sains Al-Ihkam: Jurnal Hukum dan Pranata Sosial Usroh: Jurnal Hukum Keluarga Islam Muamalah Jurnal Ilmiah Ekonomi Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Jurnal Neraca: Jurnal Pendidikan dan Ilmu Ekonomi Akuntansi NISBAH: JURNAL PERBANKAN SYARIAH WAJAH HUKUM MUHARRIK: JURNAL DAKWAH DAN SOSIAL SCAFFOLDING: Jurnal Pendidikan Islam dan Multikulturalisme El-Usrah: Jurnal Hukum Keluarga Dinasti International Journal of Education Management and Social Science Journal of Judicial Review Mimbar Hukum ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin Indonesian Journal of Shariah and Justice Jurnal Riset Indragiri Journal of Islamic Economics Lariba Ta'zir: Jurnal Hukum Pidana SmartComp Journal of Sharia and Legal Science Jurnal Hukum Islam Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Jurnal Aksi Dosen dan Mahasiswa Antmind Review: Journal of Sharia and Legal Ethics Jurnal Ekonomi, Manajemen, Akuntansi
Qodariah Barkah
Universitas Islam Negeri Raden Fatah Palembang
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Negotiating Islamic Law and State Norms in Child Marriage Practices in Coastal Indonesia Barkah, Qodariah; Sintang, Suraya; Morin, Leanne
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/fer5kf08

Abstract

Despite national legal reforms aimed at curbing child marriage, the practice remains prevalent in Indonesia’s coastal Muslim communities. This study explores the socio-legal dynamics underpinning early marriage in South Minahasa, North Sulawesi, by examining the interaction between Islamic jurisprudence, customary norms, and formal state law. Using a qualitative socio-legal approach, data were collected through in-depth interviews with religious leaders, adat authorities, legal practitioners, affected families, court documents, and field observations. Findings reveal that dominant interpretations of classical Islamic law particularly the emphasis on biological maturity (baligh) as a prerequisite for marriage legitimize child marriage at the grassroots level, often reinforced by socio-economic pressures and honor-based cultural expectations. Moreover, legal instruments such as marriage dispensation and unregistered (siri) marriages are widely used to bypass formal legal constraints. This plural legal reality places religious courts in a normative dilemma between enforcing state law and accommodating communal values. The study argues that preventing child marriage requires not only statutory enforcement but also culturally sensitive engagement with religious authorities, community-based legal education, and a reinterpretation of Islamic norms through the lens of maqāṣid al-sharī‘ah (higher objectives of Islamic law). These findings contribute to broader global discussions on legal pluralism, human rights, and the role of faith-based norms in shaping family law and child protection policies.
Murāqabah in practice: An ethnographic analysis of the Minangkabau Islamic Mato profit-sharing system in an urban Padang restaurant Rizki, Mulyani; Rusli, Ris’an; Barkah, Qodariah
Journal of Islamic Economics Lariba Vol. 11 No. 1 (2025)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jielariba.vol11.iss1.art5

Abstract

IntroductionIndigenous profit-sharing arrangements rooted in Islamic ethics remain understudied, despite their prominence in Southeast Asian enterprises. The Minangkabau Mato system, practised in Padang restaurants, melds Qurʾānic ideals of justice with kin-based solidarity and continuous spiritual self-monitoring (murāqabah). Understanding whether such a relational model can thrive in competitive urban markets is critical for both cultural preservation and Islamic economic theory.ObjectivesThis study aims to (1) document in detail how Mato is implemented in a diaspora restaurant setting, (2) assess its economic and motivational effects relative to formal mudharabah contracts, and (3) evaluate the role of murāqabah as an endogenous governance mechanism.MethodAdopting an ethnographic design, the researcher spent twenty-four weeks immersed in a medium-sized Padang restaurant in Palembang. Data comprised participant observation during daily operations, twenty-three semi-structured interviews covering all functional roles, and an analysis of daily balance sheets and archival photographs. Transcripts and field notes were coded inductively and deductively in NVivo, yielding four integrative themes: Islamic-ethical foundations, sociocultural integration, worker perceptions, and cultural-preservation dynamics.ResultsTransparent daily splits and flexible profit ratios foster high psychological ownership, intrinsic motivation, and negligible staff turnover. The employees cited murāqabah as a powerful internal control that reduced opportunism and reinforced meticulous bookkeeping. During a nine-percent spike in commodity costs, consensual ratio adjustments prevented wage arrears—an agility unattainable under fixed-ratio mudharabah schemes. Branding Mato as “Profit-Sharing the Minangkabau Way” simultaneously enhanced customer loyalty and safeguarded cultural identity.ImplicationsThe findings position Mato as a viable template for community-based Islamic finance and highlight the policy need for legal pluralism that legitimizes indigenous models without eroding their relational strengths. Managers seeking value-aligned incentives may replicate daily open-table reconciliations, ratio elasticity, and devotional briefings to embed trust and resilience.Originality/NoveltyThis study provides the first in-depth ethnographic evidence of Mato in an urban service enterprise, demonstrating how murāqabah and flexible sharing ratios translate Islamic moral philosophy into day-to-day business sustainability, while advancing heritage-based competitive advantage.
Religion in the Metaverse Scheme: Practices of Worship in the New Media Age Fernando, Henky; Larasati, Yuniar Galuh; Barkah, Qodariah; Andriyani; Morin, Leanne
ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin Vol. 26 No. 1 (2025)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/esensia.v26i1.6445

Abstract

The simulation of religious practices within the metaverse represents a new phenomenon in the discourse of religion and technological adaptation in the era of new media. Through the use of virtual reality technology, spiritual experiences can be presented in immersive forms within digital spaces. However, this phenomenon remains underexplored in existing academic studies. This research aims to address that gap by analyzing the discourse surrounding the simulation of religious practices in the metaverse through a contextual interpretation of Muslim perspectives. The study employs a qualitative descriptive method with a case study approach. The findings indicate that the simulation of worship in the metaverse is generally accepted by Muslims as a form of technological adaptation, functioning as a tool for education and the dissemination of religious knowledge, as long as it does not compromise the theological meaning or orientation of religious practices. The significance of this study lies in its contribution to building a reflective framework for understanding the interplay between religion and technological adaptation in the new media age.
A JURIDICAL ANALYSIS OF THE LEGAL STATUS OF CHILDREN BORN BEFORE REGISTERED MARRIAGE: A CASE STUDY OF DECISION No. 202/Pdt.P/PA.Pkb Qodariah Barkah; Azim Ansori; Armasito
Indonesian Journal of Shariah and Justice Vol. 5 No. 1 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i1.141

Abstract

The petition submitted to the Pangkalan Balai Religious Court under case No. 202/Pdt.P/2023/PA.Pkb sought judicial clarification regarding the legal status of a child born prior to the formal registration of the parents' marriage. The study explored how the status of such children is determined and examined the judge's reasoning in this case. Using an empirical approach with qualitative data from interviews, documentation, and literature reviews, the research found that the child was declared legitimate as no one contested the child's status as the petitioner's, with witnesses supporting the claim. In reaching its decision, the court took into account the validity of the unregistered marriage based on Islamic legal principles, supported by witness statements, while also emphasizing the safeguarding of the child's rights and placing paramount importance on the child's best interests.
Penguatan Mental dan Spiritual Petugas Haji Qodariah Barkah
Jurnal Aksi Dosen dan Mahasiswa Vol. 2 No. 2 (2024): Jurnal Aksi Dosen dan Mahasiswa
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jadmas.v2i2.809

Abstract

This service aims to provide strong mental and spiritual preparation for the hajj officers. This is because both officers and pilgrims often experience stress, anxiety disorders and depression. This service is carried out using a counseling method. This service activity was carried out at the Palembang Hajj Dormitory with participants from the hajj officers of the South Sumatra Province. This service activity has been carried out well. The results show an increase in understanding and mental readiness of the participants, preventing hajj officers from stress, anxiety disorders and depression so that they are expected to be able to provide more effective services to the congregation and can motivate the congregation to carry out the hajj pilgrimage sincerely only because of Allah.
Adolescent Forced Marriage and Community Misconduct: Rethinking Islamic Family Law Larasati, Yuniar Galuh; Fernando, Henky; Barkah, Qodariah; Prasojo, Zaenuddin Hudi; Atika, Atika; SA, Romli; Masruroh, Ainul; Sintang, Suraya; Morin, Leanne
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3367

Abstract

The normalization of forced marriage as a response to adolescents' involvement in behaviors perceived by their communities as socially or religiously inappropriate, such as premarital interactions or relationships beyond culturally sanctioned norms, may result in complex and disproportionate consequences for the adolescents involved. This study addresses gaps in prior research by exploring the characteristics of these cases, the prevailing community interpretations, and the rationale behind legitimizing forced marriage as a form of moral resolution. The findings highlight three key insights. First, forced marriage is often constructed as a culturally informed response to situations involving behaviors considered socially sensitive. Second, People commonly understand such practices as preserving family honor and fulfilling communal or religious expectations. Third, these responses are typically driven more by shared moral and cultural frameworks than by considerations of the adolescent's rights and well-being. This study contributes to the discourse on Islamic family law by illustrating how community-based interpretations of morality, honor, and religious obligation may shape the application of legal and ethical principles in cases involving adolescents, particularly within the framework of protection and justice for minors.
Pengabaian Nafkah Anak Secara Sengaja oleh Ayah Pasca Perceraian Andriyani, Andriyani; Qodariah Barkah; Ifrohati, Ifrohati
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10155

Abstract

This study examines the legal issue of fathers deliberately neglecting child support obligations following divorce, despite existing court rulings mandating such support. The research aims to analyze the criminal liability of fathers who intentionally disregard post-divorce child support obligations and to assess this issue within the context of national and Islamic law. This study employs a normative juridical method with a descriptive qualitative approach. The findings reveal that fathers who intentionally fail to provide child support after divorce can be classified as committing child neglect, which constitutes a criminal offense under Indonesian law, specifically the Child Protection Law No. 35 of 2014 and the Criminal Code, with potential penalties of up to five years' imprisonment or fines. From the perspective of Islamic law, a father’s obligation to support his child remains intact regardless of marital status, as stipulated in the Qur'an and the Compilation of Islamic Law. This research highlights that protecting children’s rights is a fundamental responsibility of the state, family, and society, which must be enforced firmly through civil and criminal measures to create a deterrent effect for fathers who neglect their obligations. Consistent and integrated legal enforcement is essential to ensure that children receive their rightful support, enabling them to grow and develop properly while preventing psychological and social harm resulting from the father's deliberate neglect after divorce. These findings call upon legal practitioners, policymakers, and community leaders to strengthen enforcement frameworks, foster legal awareness among fathers, and uphold children’s welfare as a priority within post-divorce family structures.
Legal Transformation of Indonesian Sharia Banks Towards Digital Banking in the Era of Industrial Revolution 4.0 Barkah, Qodariah; SA, Romli; Is, Muhamad Sadi; Andriyani, Andriyani; Bt Ismail, A’dawiyah
al-'adalah Vol 21 No 2 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i2.21254

Abstract

Although Islamic banking has been operating in Indonesia since 1992, the institution has not been able to compete with conventional banking. The Government, therefore, intervened by merging several Islamic banks into a single entity, namely Bank Syariah Indonesia (BSI). This merger policy needs to be strengthened further by revising the Islamic Banking Law while encouraging the institution to prepare various steps to respond to the digital banking era. This study examines what kind of legal transformation patterns the Government needs to carry out in preparing Islamic banking institutions to face digital banking in the era of the Industrial Revolution 4.0. This study is juridical-normative research with a philosophical and sociological legal approach. The study results indicate that legal transformation in Indonesian Islamic banking is important to be carried out immediately so that this institution can improve the quality of service to customers along with the shift in banking industry management from a manual system to a full-digital system. For this reason, the Law of the Republic of Indonesia Number 21 of 2008 concerning Islamic Banking needs to be revised again by adding a special chapter that regulates the use of technology in the development of products, services, and operations. In addition, it is also important for the Government to create the Indonesian Sharia Bank Dispute Resolution Institution (LPSBSI), which will function as a unique institution to resolve disputes that occur in Sharia banking.
Analysis of Gharar and Gambling (Qimar) Elements in Binary Option Transactions on The IQ Option Platform Syarifati, Baldad Muhammad; Barkah, Qodariah; Maulana, Chandra Zaki
Dinasti International Journal of Education Management And Social Science Vol. 6 No. 6 (2025): Dinasti International Journal of Education Management and Social Science (Augus
Publisher : Dinasti Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/dijemss.v6i6.4925

Abstract

The rapid development of information technology has also provided convenience for people to access various modern financial products. Binary options are one of the financial products that have been familiar, especially in the last decade. Binary options are financial instruments that provide opportunities for clients to gain profit by predicting the price movement of an asset that is determined based on the closing time (expiry time). However, questions then arise regarding the validity of this binary option transaction from a Sharia perspective, whether this transaction is included in those that are permitted or prohibited. This study aims to analyze the transaction mechanism in binary option practices and then analyze the elements of gharar and gambling (qimar) contained in the transaction. This study uses a qualitative method involving a number of approaches, namely the case approach and the conceptual approach with analytical descriptive research specifications. That in this case the author approaches the problem through a review of the provisions of Islamic law regarding the concept of gharar and maysir/qimar and then correlates it with the reality of transactions contained in binary options. The results of the study revealed that the practice of binary options or binary options has been proven to contain elements of gambling and gharar which are forbidden in Islam. In addition, the practice of binary options is contrary to the principles of investment and the principle of justice in modern financial transactions.
Kontekstualisasi Hukum Keluarga Islam di Indonesia Qodariah Barkah
Jurnal Hukum Islam Vol 16 No 1 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i1.1397

Abstract

The protection of the human rights of women and children can be noticed in the law or constitution that promotes the reform of family law in Indonesia, particularly for Muslims. It aims to assure legal certainty for the lives of women, wives, mothers, and children to be protected. Islamic family law in Muslim countries, especially in Indonesia, highlights a different position for Muslims since it is pivotal to maintain the family’s security and comfort. This paper tries to elaborate the implementation of Islamic Family Law stipulated in the Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. A qualitative design was employed in this current study. The collected data were retrieved from books, journal articles, and other references relevant to this study as the primary data, whereas the secondary ones were obtained from the literature related to this study. The research findings expose that Islamic family law in Indonesia still requires to be greatly taken into account so that the well-established goals of Muslim families can be achieved to assure the women and children rights, specifically for their everyday lives and inheritance.
Co-Authors A.A. Ketut Agung Cahyawan W Abi Tandore Agus Susanta Andriyani Andriyani Andriyani Andriyani Andriyani Ari Azhari Armasito Armasito Armasito Arne Huzaimah, Arne Asmorowati, Sulikah Atika Atika Azim Ansori Bangsa, Mhd. Theo Ari Bt Ismail, A’dawiyah Bt. Shukor, Nur Sakina Cholidi Cholidi Dea Amilia Zanda Eka Pola Pancarani Fernando, Henky Finka Safira, Mutiara Hendriansa, Hendriansa Herison, Herison Hilda Hilda Ifrohati, Ifrohati Is, Muhamad Sadi Jasmine, Nabilla Jumanah, Jumanah Kencana, Ulya Kiki Mikail, Kiki Larasati, Yuniar Galuh MAFTUKHATUSOLIKHAH MAFTUKHATUSOLIKHAH Masruroh, Ainul Maulana, Chandra Zaki Morin, Leanne Muhamad Sadi Is Muhammad Iqbal Muhammad Royhan Muhammadinah Muhammadinah Mutamassikin, Mutamassikin Novita Anggraini Paisol Burlian Patimma, Dewi Peny Cahaya Azwari Resi Jatri Riana, Devi Rinol Sumantri Rizki, Mulyani Romadhona, Suci Aulia Romli Romli, Romli Romli SA Rr. Rina Antasari Rusli, Ris’an Sintang, Suraya Siti Rochmiyatun Suci Aulia Romadhona Syari, Lara Syarifati, Baldad Muhammad Titin Hartini Wijaya, Sandy Wijonarko, Wijonarko Wulandari, Alvenny Yudha Wijaya Yuliusman Yuliusman Zaenuddin Hudi Prasojo Zulmi Ramdani